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What are the penalties for sexual assault in New Jersey?
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What are the penalties for sexual assault in New Jersey?
Sexual assault is a big problem in New Jersey and across the country. The penalties in New Jersey are pretty harsh, but it depends on the specific crime. I wanted to write this article to explain the different laws and penalties, so people can understand what happens if someone gets charged. I’m not a lawyer, so don’t take this as legal advice! I just did a lot of research on the laws in NJ and want to break it down in simple terms.
Definitions
There are a bunch of different sex crimes in New Jersey law. Some of the main ones are:
- Aggravated sexual assault – this is penetration with force, threat of force, or when the victim is unconscious. It’s the most serious.
- Sexual assault – this is penetration without consent.
- Aggravated criminal sexual contact – this is sexual touching with force, threat of force, or when the victim is unconscious.
- Criminal sexual contact – sexual touching without consent.
- Endangering the welfare of children – different crimes involving harming or exploiting kids.
The laws get really specific about stuff like the age of the victim, if there was violence, the relationship between the victim and attacker, etc. All those factors impact what someone gets charged with.
Penalties
The penalties get pretty severe for some of these crimes. Here’s an overview:
- 1st degree aggravated sexual assault – 10-20 years in prison
- 2nd degree sexual assault – 5-10 years in prison
- 3rd degree aggravated criminal sexual contact – 3-5 years in prison
- 4th degree criminal sexual contact – up to 18 months in prison
- 2nd degree endangering the welfare of children – 5-10 years in prison
- 3rd degree endangering the welfare of children – 3-5 years in prison
- 4th degree endangering the welfare of children – up to 18 months in prison
Those are just the main crimes and ranges. The judge can give specific sentences within those ranges. Fines can also be up to $150,000 in addition to jail time! It’s really serious stuff with long lasting consequences if convicted.
Other Penalties
It’s not just jail time and fines. Anyone convicted of sexual assault will also have to register as a sex offender. This puts you on a public list, and there are restrictions on where you can live and work. Some of the most serious crimes fall under something called the No Early Release Act too. This means you have to serve at least 85% of your sentence before you’re eligible for parole. No chance of getting out early for good behavior.
Defenses
Since the penalties are so high, anyone charged really needs a good lawyer to defend them. Some common defenses in sexual assault cases include:
- The victim consented – This argues there was consent and no crime occurred.
- Mistaken identity – You argue the victim identified the wrong person.
- False accusations – You claim the victim is lying and made up the allegations.
- Intoxication – You argue the victim or defendant were too intoxicated to give consent.
There are lots of other technical defenses too. For example, arguing the prosecution didn’t meet their burden of proof, or the statute of limitations expired. A good lawyer knows all the options.
Age of Consent
When someone under 18 is involved, it gets really complicated. There’s something called the “Romeo and Juliet” exception in NJ law. It’s meant to protect teenagers who are close in age from being labeled as sex offenders. Basically, if there’s less than a 4 year age gap its not automatically a crime. The age of consent in NJ is 16, but its still illegal for an adult to have sex with a minor under 18 if they are in a position of authority over them.
False Accusations Happen
While most reports of sexual assault are true, false accusations do happen. Usually its someone trying to get revenge on an ex or enemy. Or mental illness can play a role too. Some people make up a sexual assault claim for attention or sympathy. If someone is falsely accused, a lawyer can help prove their innocence. Witnesses and electronic evidence like texts and emails can show if someone is lying.
Get a Lawyer Fast
Being accused of sexual assault is scary. Even if you’re innocent, these cases are hard to fight. Don’t say anything to the police and get a lawyer immediately. A good lawyer can negotiate with the prosecution or take the case to trial. They know how to challenge evidence and put together a strong defense. It’s expensive but worth it to avoid jail time and having to register as a sex offender.
I hope this gives an overview of what happens when someone gets charged with sexual assault in New Jersey. The laws are complicated but the penalties are extremely serious. Anyone charged needs to take it seriously and get a lawyer asap. Let me know if you have any other questions!
References
Here are the sites I used for research when writing this article:
Sex Crimes: Definitions and Penalties New Jersey – RAINN
Sexual Assault Charges in NJ | Schneider Freiberger, P.C.
What are New Jersey’s Sexual Assault Laws? – Helmer, Conley & Kasselman, P.A.
Sexual Assault NJ Statute & Penalties | William Proetta Criminal Law